Transcription
ir interpretation.The purpose of this branch of study is to analyze and dissect the law of the land as it exists today.This analysis as the principles of the law is done without reference to their historical origin ortheir ethical significance. Analytical jurisprudence it examines the relations of civil law withother forms of law, analysis the various constituent ideas of which the complex idea of the law ismade up.The problem of classificationClassification in relation to jurisprudence is neither easy nor exact. The following problemshave arisen.‘Arrangement is not classification, although classification is arrangement; the differencebeing that while arrangement may be empirical, classification must be in accordance withsome principle’: De Witt Andrews (‘The Classification of Law’ in Readings in Jurisprudence,ed Hall (1938)). It is not easy to discover an appropriate principle: classifications based uponhistorical context or methodology, for example, are rarely satisfactory and tend to be little morethan arrangements of legal authors and their ideas.The problem of overlap is considerable: Some schools of thought overlap, and a rigidcompartmentalization of ‘schools of jurisprudence’ may perpetuate perceptions of sharpdivisions where, in reality, none exists.Questions and Answers on Jurisprudence I-Moshi Cooperative University-LLB (2018-19)-5-
Prepared by Tsar Mwakisiki Mwakisiki E (Master of the Rolls)Conversely, dissimilar types of our is prudential speculation may be brought together under oneheading, suggesting a unity of thought where none exists; thus, it is not easy to perceivesimilarities between the thoughts of Savigny and Maine as for example.It is virtually impossible to place some jurists in any of the ‘standard schools’ ofjurisprudence. Thus, the contemporary American jurist, Dworkin, appears to be in a category ofhis own. How may we categorize Fuller, a self-proponent of natural law, who rejects manyaspects of thought associated with that doctrine?.Questions and Answers on Jurisprudence I-Moshi Cooperative University-LLB (2018-19)-6-
Prepared by Tsar Mwakisiki Mwakisiki E (Master of the Rolls)QUESTION TWOAssess the scope and relevancy of jurisprudence in our contemporary societyScope of JurisprudenceAn AttemptEssentially, there is no unanimity of opinion regarding the scope of jurisprudence. Differentauthorities attribute different meanings and varying premises to law and that causes differenceopinions with regard to the exact limit of the field covered by jurisprudence.Jurisprudence has been so defined as to cover moral and religious precepts also and that hascreated confusion. It goes to the credit to Austin that he distinguished law from morality andtheology and restricted the term to the body of the rules set and enforced by the sovereign orsupreme law making authority within the realm.Thus the scope of jurisprudence was limited to the study of the concepts of positive law andethics and theology fall outside the province of jurisprudence.Jurisprudence involves the study of general theoretical questions about the nature of laws andlegal systems, about relationship of law to justice and morality and about the social nature oflaw.All in all jurisprudence includes all concepts of human order and human conduct in state andsociety. Anything that concerns order in the state and society falls under the domainjurisprudence.Relevance of JurisprudenceThis subject has its own intrinsic interest and value because this is a subject of seriousscholarship and research; researchers in Jurisprudence contribute to the development of societyby having repercussions in the whole legal, political and social school of thoughts.One of the tasks of this subject is to construct and elucidate concepts serving to render thecomplexities of law more manageable and more rational. It is the belief of this subject that thetheory can help to improve practice. Jurisprudence also has an educational value.Questions and Answers on Jurisprudence I-Moshi Cooperativ
Prepared by Tsar Mwakisiki Mwakisiki E (Master of the Rolls) Questions and Answers on Jurisprudence I-Moshi Cooperative University-LLB (2018-19) - 4 - It is doubtful whether jurisprudence can be classified as a science: scientific method is rarely used in jurisprudential investigation; few universal, verifiable principles have emerged from
